Athassel Civil T/A Athassel Civil Pty Ltd Summary

[2024] FWCA 4023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Athassel Civil T/A Athassel Civil Pty Ltd

(AG2024/3804)

ATHASSEL CIVIL PTY LTD ENTERPRISE AGREEMENT 2024 - 2028

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 19 NOVEMBER 2024

Application for approval of the ATHASSEL CIVIL PTY LTD ENTERPRISE AGREEMENT 2024 - 2028

An application has been made for approval of an enterprise agreement known as the ATHASSEL CIVIL PTY LTD ENTERPRISE AGREEMENT 2024 - 2028 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 November 2024. The nominal expiry date of the Agreement is 4 years from the date of Approval, being 19 November 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission involved Athassel Civil T/A Athassel Civil Pty Ltd, which sought approval of an enterprise agreement for the period 2024-2028. The dispute arose as the applicant company argued that the proposed agreement met the necessary standards and requirements under the Fair Work Act 2009. The matter was heard by the Commission, which was required to determine whether the agreement should be approved.

The central legal issues the Commission needed to address were whether the proposed enterprise agreement contained all the mandated minimum terms and conditions, whether it complied with procedural requirements, and if it adhered to the principles of good faith bargaining. The applicant had to demonstrate that the agreement was made in good faith, and that it provided fair and reasonable terms for the employees. The Commission also needed to ensure that the agreement did not discriminate against any group of employees and that it complied with all relevant legislative provisions.

The Commission found that the proposed enterprise agreement met the requirements of the Fair Work Act. It contained all the mandated minimum terms and conditions, including provisions for wages, hours of work, leave, and dispute resolution mechanisms. The Commission was satisfied that the agreement was made in good faith, with both parties engaging in meaningful negotiations. Furthermore, the agreement was deemed to be fair and reasonable, providing for adequate protections and benefits for the employees. The Commission concluded that the agreement did not discriminate against any group of employees and was in line with all relevant legislative provisions.

Accordingly, the Fair Work Commission approved the proposed enterprise agreement, confirming its compliance with all necessary statutory requirements. The agreement was considered to be fair and reasonable, providing for the mandated minimum terms and conditions, and facilitating good faith bargaining between the employer and employees.

Athassel Civil T/A Athassel Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established